How can I get my half of my ex's 401K, as ordered in the divorce decree, since he already cashed it out?
Jay's answer
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Answered on May 22, 2019
You'll have to enforce the decree against him to obtain a judgment for the equivalent amount or, if the circumstances support it, amend the decree...
Archived
What do I do when someone is saying that they will take me to court for Perjury and Slander?
Jay's answer
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Answered on May 22, 2019
Perjury requires lying under oath. Slander, on the other hand, only requires someone to publish (by speaking) a false statement that damages...
Archived
Can I move without permission from the non custodial parent if I was granted sole legal and decision making?
Jay's answer
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Answered on May 21, 2019
First, consult your current orders. Most contain language regarding relocation. But if it doesn’t and the other parent is entitled to parenting...
Archived
When is one parent likely to be awarded sole decision making vs joint legal with final say?
Jay's answer
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Answered on May 21, 2019
Functionally for you, there’s very little difference. Sole would just enable you to make the decisions you already do without the requirement of...
Archived
How do I edit a review?
Jay's answer
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Answered on May 20, 2019
On Avvo? I don't believe the website supports that function and I'd caution you from any circumvention, such as creating another account or...
Archived
Our daughter has full decision making and no visitation(parenting time) by the father. Can she have no contact ?
Jay's answer
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Answered on May 20, 2019
My colleague is correct but how she handles this can be used against her if he pursues parenting time. Her obligation is to act in the children’s...
Archived
Does the Moore’s Marsden calculation apply if you were married at the time a home was purchased?
Jay's answer
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Answered on May 20, 2019
If the intent was to add the other spouse, it may be possible to set aside the disclaimer deed. But if it is not set aside, there will be a...
Archived
What happens to a child agreement from 3 years ago if both parties married each other 3 months after signing the agreement
Jay's answer
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Answered on May 20, 2019
As part of the dissolution, the court will determine legal decision-making and parenting time for both children. I believe it’s unlikely to enforce...
Archived
There is no court order of any sort & i pay child support but haven't seen my kids in 6 years & aloud no comment is that legal
Jay's answer
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Answered on May 19, 2019
It is “allowed” because it’s up to you to establish a parenting schedule through the appropriate family court. It sounds like California may have...
Archived
What happens if I certified mailed child support (establish) to both his lawyer and my ex husband?
Jay's answer
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Answered on May 19, 2019
If the attorney is still attorney of record, he should accept service. But no you can’t serve by publication without the court’s permission and...
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